18556 Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 63, 65, and 187 

[Docket No.: FAA–2007–27043; Amendment 

Nos. 61–116, 63–35, 65–49, 187–4] 

RIN 2120–AI77 

Fees for Certification Services and 

Approvals Performed Outside the 

United States 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This rule amends the 

regulations pertaining to payment of 

fees to the FAA for certification services 

performed outside the United States. 

Until now, fees could be paid by check, 

money order, wire transfer, or draft, 

payable in U.S. currency and drawn on 

a U.S. bank. Currently, fees for certain 

aircraft flights transiting U.S.-controlled 

airspace can be paid by credit card. The 

rule amends the regulations also to 

allow payment by credit card for 

certification services performed outside 

the U.S. 

This change is necessary to make 

payment for certification services 

consistent with payment for other 

services. It will also expedite payments 

and support the U.S. Department of the 

Treasury electronic commerce program. 

Also, this rule amends the regulations 

where it is unclear that fees for airmen 

certification services apply to all 

applicants located outside the United 

States, regardless of citizenship. This 

action is necessary to provide 

consistency within FAA regulations. 

DATES: Effective June 11, 2007. 

Comments for inclusion in the Rules 

Docket must be received on or before 

May 14, 2007. 

ADDRESSES: You may send comments 

[identified by Docket Number FAA– 

2007–27043] using any of the following 

methods: 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management System; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590– 

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. For more 

information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

http://dms.dot.gov or to Room PL–401 

on the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Emily A. White, FAA, AFS–50, 800 

Independence Ave., SW., Washington, 

DC 20591, Telephone: 202–385–8073, 

Fax: 202–493–5888. 

SUPPLEMENTARY INFORMATION: This 

rulemaking amends § 187.15(a) to allow 

the use of a credit card to pay fees to 

the FAA for certification services 

performed outside the United States. 

Until now, fees could be paid by check, 

money order, wire transfer, or draft, 

payable in U.S. currency and drawn on 

a U.S. bank. Section 187.15(d) already 

allows the use of a credit card to remit 

amounts less than $1,000 for certain 

aircraft flights transiting U.S.-controlled 

airspace. This rulemaking makes 

sections (a) and (d) consistent in the 

methods of payment. 

At the time of the original rulemaking, 

FAA offices were not set up to receive 

credit card payments and such use was 

specifically omitted from the 1995 final 

rule (60 FR 19631) amending part 187. 

With advances in electronic commerce 

over the years, there is now distinct 

value in accepting credit card payment 

of fees. Further, as FAA accounting 

systems and offices continue to be 

consolidated, collecting user fees by 

credit card allows more timely receipt 

and provides FAA customers with a 

convenient method to pay for services. 

The use of credit card payment supports 

the U.S. Department of Treasury 

electronic commerce program. The 

payment of fees by credit card will be 

handled through the U.S. Department of 

Treasury pay.gov program. 

This rulemaking also amends 

§§ 61.13(a)(2), 63.11 and 65.11. The 

1995 final rule (60 FR 19631) to amend 

fees under 14 CFR part 187, appendix A, 

specifically addressed the fact that user 

fees extended to all applicants located 

outside the United States, regardless of 

citizenship. The final rule brought these 

regulations in line with the 

nondiscrimination principles of 

multilateral trade agreements to which 

the U.S. is a signatory. These include 

the principles of the General Agreement 

on Tariffs and Trade (GATT), including 

the GATT Aircraft Code and the General 

Agreement on Trade in Services. When 

part 187 was amended, other regulations 

in 14 CFR should have been revised for 

consistency. These are §§ 61.13(a)(2), 

63.11 and 65.11. 

Section 61.13(a)(2) currently requires 

an ‘‘applicant who is neither a citizen of 

the United States nor a resident alien of 

the United States’’ to show evidence of 

paying the correct fee prescribed in 

appendix A to part 187. This must be 

done when the person applies for a 

student pilot certificate issued outside 

the United States or a knowledge test or 

practical test administered outside the 

United States. This rulemaking changes 

the current wording to make it clear that 

an applicant’s citizenship is not at issue. 

The revised wording also states the fees 

are for ‘‘airmen certification services.’’ 

There is no need to enumerate those 

services because they are addressed in 

appendix A to part 187. 

Sections 63.11 and 65.11 contain 

current wording that specifies: ‘‘Each 

person who is neither a United States 

citizen nor a resident alien and applies 

for written or practical test to be 

administered outside the United States 

for any certificate or rating issued under 

this part must show evidence the fee 

prescribed in appendix A of part 187 of 

this chapter has been paid.’’ This 

rulemaking changes that wording as 

follows: ‘‘Each person who applies for 

airmen certification services to be 

administered outside the United States 

for any certificate or rating issued under 

this part must show evidence that the 

fee prescribed in appendix A of part 187 

of this chapter has been paid.’’ 

Theses changes provide consistency 

and update the outdated language. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A—Air Commerce and 

Safety, Chapter 447—Safety Regulation, 

Section 44702, Issuance of certificates, 

44703, Airman Certificates, and Chapter 

453—Fees. Under those statutory 

provisions the FAA is charged with 


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Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 18557 

prescribing regulations for promoting 

safety in civil air commerce, issuing 

certificates, and charging and receiving 

fees for such services. This regulation 

addresses matters within the scope of 

that authority. 

The Direct Final Rule Procedure 

The FAA expects that this regulation 

will not result in adverse or negative 

comment and therefore is issuing it as 

a direct final rule. The only changes to 

the regulations are: 

• To add the ability to use a credit 

card to pay for FAA certification 

services performed outside the United 

States, and 

• To clarify that fees for airmen 

certification services apply to all 

applicants located outside the United 

States, regardless of citizenship. U.S. 

citizens located outside the United 

States already are paying fees in 

accordance with Title 14, Code of 

Federal Regulations, part 187. This 

change will make the language 

throughout 14 CFR consistent. The 

applicability remains the same. 

Unless a written adverse or negative 

comment, or a written notice of intent 

to file an adverse or negative comment 

is received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirm the date on which the final rule 

will become effective. If the FAA does 

receive, within the comment period, a 

written adverse or negative comment, or 

written notice of intent to file such a 

comment, a document withdrawing the 

direct final rule will be published in the 

Federal Register, and a notice of 

proposed rulemaking may be published 

with a new comment period. 

Privacy Act: Using the search function 

of our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) web page 

(http://dms.dot.gov/search); 

(2) Visiting the FAA’s Regulations and 

Policy web page at http://www.faa.gov/ 

regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires the FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

Therefore, any small entity that has a 

question regarding this document may 

contact their local FAA official, or the 

person listed under FOR FURTHER

INFORMATION CONTACT. You can find out 

more about SBREFA on the Internet at 

our site, http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

Paperwork Reduction Act 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), we have reviewed this 

rulemaking and determined there is no 

information collection associated with 

it. 

International Compatibility 

The FAA has determined that a 

review of the Convention on 

International Civil Aviation Standards 

and Recommended Practices is not 

warranted because there is not a 

comparable rule under ICAO standards. 

Economic Evaluation, Regulatory 

Flexibility Act, Trade Impact 

Assessment, and Unfunded Mandates 

Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs that 

each Federal agency shall propose or 

adopt a regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Public Law (P.L.) 96–354) 

requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (P.L. 96–39) prohibits 

agencies from setting standards that 

create unnecessary obstacles to the 

foreign commerce of the United States. 

In developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, to be the basis of U.S. 

standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (P.L. 104–

4) requires agencies to prepare a written 

assessment of the costs, benefits, and 

other effects of proposed or final rules 

that include a Federal mandate likely to 

result in the expenditure by State, local, 

or tribal governments, in the aggregate, 

or by the private sector, of $100 million 

or more annually (adjusted for 

inflation). This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this direct final 

rule. 

The Department of Transportation 

Order DOT 2100.5 prescribes policies 

and procedures for simplification, 

analysis, and review of regulations. If 

the expected cost impact is so minimal 

that a final rule does not warrant a full 

evaluation, this order allows a statement 

to that effect. The basis for the minimal 

impact must be included in the 

preamble, if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this rule. The reasoning for that 

determination follows. 

Since this final rule merely revises 

wording to ensure the regulations are 

consistent throughout, this change will 

have a minimal impact, and a regulatory 

evaluation was not prepared. As noted 

above, the FAA requests comments with 

supporting justification on the FAA 

determination of minimal impact. 

FAA has, therefore, determined this 

rulemaking action is not a ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, and is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. In 

addition, the FAA has determined that 

this rulemaking action: (1) Will not have 

a significant economic impact on a 

substantial number of small entities; (2) 

will not affect international trade; and 

(3) will not impose an unfunded 

mandate on state, local, or tribal 

governments, or on the private sector. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(RFA) establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objective 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

business, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve that principle, 

the RFA requires agencies consider 

flexible regulatory proposals, to explain 


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18558 Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 

the rationale for their actions, and to 

invite comments. The RFA covers a 

wide-range of small entities, including 

small businesses, not-for-profit 

organizations and small governmental 

jurisdictions. 

Agencies must perform a review to 

determine whether a proposed or final 

rule will have a significant economic 

impact on a substantial number of small 

entities. If the agency determines that it 

will, the agency must prepare a 

regulatory flexibility analysis as 

described in the RFA. 

However, if an agency determines that 

a proposed or final rule is not expected 

to have a significant economic impact 

on a substantial number of small 

entities, section 605(b) of the RFA 

provides the head of the agency may so 

certify and a regulatory flexibility 

analysis is not required. The 

certification must include a statement 

providing the factual basis for this 

determination, and the reasoning should 

be clear. 

This final rule merely revises wording 

to ensure the regulations are consistent 

throughout; this change will have only 

a minimal impact on any small entity 

affected by this rulemaking action. 

Consequently, as the FAA 

Administrator, I certify the rulemaking 

action will not have a significant 

economic impact on a substantial 

number of small entities. As noted 

above, the FAA requests comments with 

supporting justification regarding this 

determination. 

Trade Impact Assessment 

The Trade Agreements Act of 1979 

prohibits Federal agencies from 

establishing any standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Legitimate domestic objectives, such as 

safety, are not considered unnecessary 

obstacles. The statute also requires 

consideration of international standards 

and, where appropriate, that these 

international standards be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this rulemaking 

action and has determined that it will 

not impose costs on any international 

entities and thus have a neutral trade 

impact. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (P.L. 104–4) requires 

each Federal agency to prepare a written 

statement assessing the effects of any 

Federal mandate in a proposed or final 

agency rule that may result in an 

expenditure of $100 million or more 

(adjusted annually for inflation) in any 

one year by State, local, and tribal 

governments, in the aggregate, or by the 

private sector. The FAA currently uses 

an inflation-adjusted value of $128.1 

million in lieu of $100 million. 

This final rule does not contain such 

a mandate. The requirements of Title II 

do not apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action will not 

have a substantial direct effect on the 

States, or the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, we 

determined that this final rule does not 

have federalism implications. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312(d) and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

18, 2001). We have determined that it is 

not a ‘‘significant energy action’’ under 

the executive order because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

List of Subjects 

14 CFR Part 61 

Aircraft, Airmen, Alcohol abuse, 

Aviation safety, Drug abuse, Recreation 

and recreation areas, Reporting and 

recordkeeping requirements, Security 

measures, Teachers. 

14 CFR Part 63 

Aircraft, Airmen, Alcohol abuse, 

Aviation safety, Drug abuse, Navigation 

(air), Reporting and recordkeeping 

requirements, Security measures. 

14 CFR Part 65 

Air traffic controllers, Aircraft, 

Airmen, Airports, Alcohol abuse, 

Aviation safety, Drug abuse, Reporting 

and recordkeeping requirements, 

Security measures. 

14 CFR Part 187 

Administrative practice and 

procedure, Air transportation. 

Adoption of the Amendment 

■ Accordingly, the Federal Aviation 

Administration amends Chapter I of 

Title 14, Code of Federal Regulations as 

follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701–

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

■ 2. Revise § 61.13(a)(2) introductory 

text and (a)(2)(i) to read as follows: 

§ 61.13 Issuance of airman certificates, 

ratings, and authorizations. 

(a) * * * 

(1) * * * 

(2) An applicant—

(i) Must show evidence that the 

appropriate fee prescribed in appendix 

A to part 187 of this chapter has been 

paid when that person applies for 

airmen certification services 

administered outside the United States. 

* * * * * 

PART 63—CERTIFICATION: FLIGHT 

CREWMEMBERS OTHER THAN 

PILOTS 

■ 3. The authority citation for part 63 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701–

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

■ 4. Revise § 63.11(a) to read as follows: 

§ 63.11 Application and issue. 

(a) An application for a certificate and 

appropriate class rating, or for an 

additional rating, under this part must 

be made on a form and in a manner 

prescribed by the Administrator. Each 

person who applies for airmen 

certification services to be administered 

outside the United States for any 

certificate or rating issued under this 

part must show evidence that the fee 

prescribed in appendix A of part 187 of 

this chapter has been paid. 

* * * * * 


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Federal Register / Vol. 72, No. 70 / Thursday, April 12, 2007 / Rules and Regulations 18559 

PART 65—CERTIFICATION: AIRMEN 

OTHER THAN FLIGHT CREW 

MEMBERS 

■ 5. The authority citation for part 65 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701–

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

■ 6. Revise § 65.11(a) to read as follows: 

§ 65.11 Application and issue. 

(a) Application for a certificate and 

appropriate class rating, or for an 

additional rating, under this part must 

be made on a form and in a manner 

prescribed by the Administrator. Each 

person who applies for airmen 

certification services to be administered 

outside the United States or for any 

certificate or rating issued under this 

part must show evidence that the fee 

prescribed in appendix A of part 187 of 

this chapter has been paid. 

* * * * * 

PART 187—FEES 

■ 7. The authority citation for part 187 

continues to read as follows: 

Authority: 31 U.S.C. 9701; 49 U.S.C. 

106(g), 49 U.S.C. 106(l)(6), 40104–40105, 

40109, 40113–40114, 44702. 

■ 8. Revise § 187.15(a) to read as 

follows: 

§ 187.15 Payment of fees. 

(a) The fees of this part are payable to 

the Federal Aviation Administration by 

check, money order, wire transfers, 

draft, payable in U.S. currency and 

drawn on a U.S. bank, or by credit card 

payable in U.S. currency, prior to the 

provision of any service under this part. 

* * * * * 

Issued in Washington, DC on March 26, 

2007. 

Marion C. Blakey, 

Administrator. 

[FR Doc. E7–6884 Filed 4–11–07; 8:45 am] 

BILLING CODE 4910–13–P 


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